Common use of Private Rights-of-Way Not Owned or Controlled by Either Party Clause in Contracts

Private Rights-of-Way Not Owned or Controlled by Either Party. SWBT and Applicant agree that neither party shall restrict or interfere with the other party’s access to or right to occupy property owned by third-parties which is not subject to the other party’s control, including property as to which either party has access subject to non-exclusive rights- of-way. Subject to the procedures set forth in Section 5.04 below, each party shall make its own, independent legal assessment of its right to enter upon or use the property of third-party property owners and shall bear all expenses, including legal expenses, involved in making such determinations.

Private Rights-of-Way Not Owned or Controlled by Either Party. SWBT and Applicant agree that neither party shall restrict or interfere with the other party’s access to or right to occupy property owned by third-parties which is not subject to the other party’s control, including property as to which either party has access subject to non-exclusive rights- rights-of-way. Subject to the procedures set forth in Section 5.04 below, each party shall make its own, independent legal assessment of its right to enter upon or use the property of third-party property owners and shall bear all expenses, including legal expenses, involved in making such determinations.

Private Rights-of-Way Not Owned or Controlled by Either Party. SWBT NEVADA and Applicant agree that neither party Party shall restrict or interfere with the other partyParty’s access to or right to occupy property owned by third-parties which is not subject to the other partyParty’s control, including property as to which either party Party has access subject to non-exclusive rights- rights-of-way. Subject to the procedures set forth in Section 5.04 5.4 below, each party Party shall make its own, independent legal assessment of its right to enter upon or use the property of third-party property owners and shall bear all expenses, including legal expenses, involved in making such determinations.